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Police await direction in drugged driving law
Source: The Daily Courier (CN BC), 07-03-08


A new drugged driving law came into effect Wednesday, but it won't be implemented yet by the RCMP.

Drivers suspected of being stoned will face roadside tests and compulsory urine, blood or saliva testing.

"We haven't seen our operational policy on that yet," said Kelowna Staff Sgt. Phil Boissonneault. "When things like this happen, we need to see the operational policy come down, and then we need to have our members trained in the processes involved.

"The changes are coming, but I can't venture a date when that will happen."

He said some members have been trained in recognizing drugged drivers and they can - and have - laid drug-impaired charges.

Under the new law, those who refuse to comply will face a minimum $1,000 fine - the same penalty for refusing a breathalyzer test.

The change comes after five years debate in Parliament.

The law has been praised by law-enforcement and groups who say drugged drivers are escaping unpunished at a time when their numbers are climbing.

Drivers suspected of being high will be required to perform physical tests at the side of the road, such as walking a straight line.

If they fail, they will be taken to a police station for further testing by a "drug recognition expert." If they flunk the second test, they will be required to give blood, urine or saliva samples.

Critics say there is no reliable scientific test to detect drug use. Also, while there is a measurable link between blood-alcohol levels and driving ability, research is lacking to equate drug quantity and impairment, they say.

Another potential problem in testing bodily fluids is that tests can detect marijuana smoked several days or months earlier.

"This is going to be challenged left and right," said Murray Mollard, executive-director of the B.C. Civil Liberties Association.

David Babineau, a media relations officer for RCMP traffic services in B.C., said police applaud the legislation.

"It is an ongoing battle to get people to understand that driving under the influence is such a dangerous choice to make," he said.

The number of Canadians who say they have driven after smoking pot has almost doubled since the late 1980s, according to a study released 18 months ago by the Canadian Centre on Substance Abuse. It said young men drive while high just as often, or even more, than they drink and drive.


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